Court Fees in Malaysia 2026: Filing Costs for Civil and Family Cases

Understanding the court fees and filing costs associated with legal proceedings is an important part of budgeting for any court action in Malaysia. Court fees are governed by the Rules of Court 2012 and the subsidiary legislation made under the Courts of Judicature Act 1964 and the Subordinate Courts Act 1948. While court fees represent only a portion of the total cost of litigation, which also includes legal fees, expert witness fees and other disbursements, they are a mandatory expense that must be paid before the court will accept and process your documents. This guide provides a reference for the main court fees applicable to civil and family cases in Malaysia for 2026.

Court Fees for Civil Cases

The following are the main court fees for civil proceedings in the High Court and Sessions Court:

Writ of Summons

• High Court: RM200 (fixed fee regardless of the claim amount)
• Sessions Court: RM100

Statement of Claim

• Calculated based on the number of pages, typically RM2 per page after the first three pages

Memorandum of Appearance

• High Court: RM50
• Sessions Court: RM25

Defence and Counterclaim

• Similar to the Statement of Claim, calculated per page

Summonses and Motions

• Summons in Chambers: RM50 per application
• Notice of Motion: RM100

Judgment

• Judgment in default: RM50
• Judgment after trial: No additional fee

Court Fees for Family Cases

Family law proceedings in Malaysia are filed in the High Court (for non-Muslims) or the Syariah Court (for Muslims). The court fees for family cases are generally lower than for commercial cases:

• Divorce petition: RM200 (filing fee) + RM50 (sealed copy)
• Joint petition for divorce: RM200
• Custody application: RM50 per summons
• Maintenance application: RM50 per summons
• Variation of court order: RM50
• Probate application: RM200 (for estates valued above RM100,000); RM100 for smaller estates
• Letters of administration: RM200 + 1% of the estate value (capped at a maximum)

Enforcement Fees

Enforcing a court judgment involves additional fees:

• Writ of seizure and sale: RM50
• Garnishee proceedings: RM50 per application
• Judgment debtor summons: RM50
• Charging order: RM50
• Winding up petition: RM500
• Bankruptcy petition: RM500

Exemptions from Court Fees

Certain categories of litigants are exempt from paying court fees in Malaysia:

• Legal aid recipients: Persons represented by the Legal Aid Department or the YBGK are exempt from court fees.
• Government proceedings: The federal and state governments are generally exempt from paying court fees.
• Paupers: A person who satisfies the court that they cannot afford the court fees may apply for leave to sue as a pauper under Order 90 of the Rules of Court.

Other Costs to Consider

In addition to court fees, parties to litigation should budget for the following costs:

• Legal fees: Your lawyer's professional fees for advice, document preparation and court appearances.
• Expert witness fees: Fees for valuers, medical experts, accountants and other professionals who provide evidence.
• Court recording and transcription: Fees for obtaining transcripts of court proceedings.
• Process server fees: Costs for serving court documents on the other party.
• Search fees: Fees for land searches, company searches and bankruptcy searches.

Costs Orders

In Malaysian court proceedings, the general rule is that costs follow the event, meaning that the losing party pays the winning party's costs. However, the court has discretion to depart from this rule. The costs awarded by the court typically cover a portion of the legal fees and disbursements, not the full amount. For more on the litigation process, see our guide on civil litigation in Malaysia.

How Messrs S K Song Can Help

The legal team at Messrs S K Song provides transparent fee estimates that include court fees, legal fees and estimated disbursements at the outset of any engagement. We ensure that our clients understand the full cost implications of legal proceedings before committing to action. Contact our Johor Bahru office for a consultation and detailed cost estimate.